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i strongly disagree with the obama administration's decision to rule out enemy combatant status for this suspect at this time. >> let's bring in our senior legal analyst jeffrey toobin, joining us from new york. can or should a u.s. citizen be formally given this enemy combatant status? what does the law say? >> every terrorist suspect arrested in the united states, since the first world trade center bombing in 1993 has been treated in the criminal justice system, not as an enemy combatant. standard operating procedure. frankly, the whole status of enemy combatant remains ambiguous in the legal system. the prisoners in guantanamo bay remain in legal limbo. by treating them as criminal suspects, the obama administration is avoiding all kinds of risks and simply acting as the bush administration has in the past and as they have acted in other terrorist cases by using the normal criminal procedures. >> because lindsey graham and others say, yes, he should be tried as a u.s. citizen, should be tried in a u.s. civilian court, but that can await this process of doing some serious interrogation
i strongly disagree with the obama administration's decision to rule out enemy combatant status for this suspect at this time. >> let's bring in our senior legal analyst jeffrey toobin, joining us from new york. can or should a u.s. citizen be formally given this enemy combatant status? what does the law say? >> every terrorist suspect arrested in the united states, since the first world trade center bombing in 1993 has been treated in the criminal justice system, not as an enemy...
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the obama administration saying tsarnaev will not be treated as an enemy combatant. what does senator lindsay graham think about that? nice to see you, sir. i understand, you wrote the statute. >> i have two goals, one, to bring him to justice, through federal court. he was never eligible for military tribunals because he's a military citizen. i wrote that law. what i want to do is find out what he may know about terrorist connections and future plots. now we are down to this, if you don't hold him as an enemy combatant, where you can question him without a lawyer, our intelligence is limited to what his lawyer will allow him to answer. >> you can be a foreign -- an enemy -- war with the united states. and an enemy combatant, where you are connected to a foreign group, trying to do harm to the united states. you can be taken into custody by the military, 30 days and questioned. after 30 days, you are sent to the civilian system? >> in his case, he was never eligible for trial by the military. that's different. i am talking about gathering intelligence. there are two
the obama administration saying tsarnaev will not be treated as an enemy combatant. what does senator lindsay graham think about that? nice to see you, sir. i understand, you wrote the statute. >> i have two goals, one, to bring him to justice, through federal court. he was never eligible for military tribunals because he's a military citizen. i wrote that law. what i want to do is find out what he may know about terrorist connections and future plots. now we are down to this, if you...
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the obama administration say the tsarnaev will not be treated as an enemy combatant. what does senator lindsay graham think about that? he joins us. nice to see you, sir. >> thank you? and i understand you wrote the statute. >> right. i have two goals. one is to bring him to justice and that's through federal court. he was never eligible for the tribunal because he's an american citizen, i wrote that law. i want to know what he knows about foreign connects and future plots. now we are down to this. if you don't hold him as en a enemy combatant when you can get him without a lawyer our ability to gather intelligence is limited by what his lawyer will allow him to answer. >> there's two-way you can be an enemy combatant. one is a foreigner of an enemy at war with the runs. and another category where you are connected to a foreign group trying to do harm to the united states. you can be taken into the custody by the military for 30 days and questioned and after 30 days you get sent out to the civilian system? >> for in his case he was never eligible for trial by the mili
the obama administration say the tsarnaev will not be treated as an enemy combatant. what does senator lindsay graham think about that? he joins us. nice to see you, sir. >> thank you? and i understand you wrote the statute. >> right. i have two goals. one is to bring him to justice and that's through federal court. he was never eligible for the tribunal because he's an american citizen, i wrote that law. i want to know what he knows about foreign connects and future plots. now we...
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to try him in civilian court rather than as an enemy combatant in a military tribune jal? >> i think the military tribunal was a complete nonstarter. there has never been an american citizen arrested on american soil charged in a military tribunal. it's just simply never going to happen. it certainly didn't happen in the bush administration, didn't happen in the obama administration, so that was never -- that's just not -- it's irrelevant at this point. now the case is under way. the fact that he was well enough to be arraigned on the complaint means now that the government will move to present this case in the grand jury, probably within a month there will be an indictment, and then the case will move to a federal district court. at that point, i expect things will slow down quite a bit. i would be surprised, given the magnitude and complexity of this case, that there could be a trial inside of a year, but at least now the process is under way. >> juliette, from a law enforcement standpoint, do you think it was the right decision to try him in civilian court? >> absolutel
to try him in civilian court rather than as an enemy combatant in a military tribune jal? >> i think the military tribunal was a complete nonstarter. there has never been an american citizen arrested on american soil charged in a military tribunal. it's just simply never going to happen. it certainly didn't happen in the bush administration, didn't happen in the obama administration, so that was never -- that's just not -- it's irrelevant at this point. now the case is under way. the fact...
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senator lindsey graham and senator talked about obama not try him as an enemy combatants. it was said to see him go, he was a fine figure and a state senator, isn't it? >> al a high state legislature is much more sophisticated than we saw here today. >> let's talk about lindsey graham. sang the government should have left dzhokhar tsarnaev as an enemy combat and, at least on the table as a possibility. >> it is not permissible under the law. you cannot treat an american citizen who is accused of committing an american crime against mostly american citizens in boston as an enemy combatants. it would turn our country -- >> it has never happened before. >> into martial law. the supreme court struck that down and american citizens were charged with crimes and this fellow is being charged with an ordinary crime that anybody could be charged with the team made a bomb to kill his mother-in-law. it does not require any allegation of terrorism. the idea we can deny and trial by jury, speedy trial, all of the things in the constitution and the bill of rights provides would turn our
senator lindsey graham and senator talked about obama not try him as an enemy combatants. it was said to see him go, he was a fine figure and a state senator, isn't it? >> al a high state legislature is much more sophisticated than we saw here today. >> let's talk about lindsey graham. sang the government should have left dzhokhar tsarnaev as an enemy combat and, at least on the table as a possibility. >> it is not permissible under the law. you cannot treat an american...
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instead of before a military tribunal as an enemy combatant were where they have fewer constitutional protections. did they do the right thing? 90 seconds, sir. >> yeah, i believe that president obama and his justice department are completely committed to ensuring that case. is done in this we all heard president obama last week. he said there is a part of boston in him. he said that justice would be done in this case. if in the opinion of president obama and his justice department, the proper place for prosecution is here in the federal district court system of the state of massachusetts, i believe that the court system here in massachusetts can provide that kind of a venue in order to hear this case. so i defer to president obama. i defer to his justice department if in their judgment this is the proper place in order to conduct that trial. >> thank you, sir. mr. lynch, 90 seconds. >> john, i think that we do have sufficient laws in our iminal system to prosecute terrorist number two, if you will. i think that the effort to classify him as an enemy combatant may actually complicate
instead of before a military tribunal as an enemy combatant were where they have fewer constitutional protections. did they do the right thing? 90 seconds, sir. >> yeah, i believe that president obama and his justice department are completely committed to ensuring that case. is done in this we all heard president obama last week. he said there is a part of boston in him. he said that justice would be done in this case. if in the opinion of president obama and his justice department, the...
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that's what president obama did and this fellow is an american citizen. it's far from clear that there's any law that would allow him to be tried as an enemy combatant. this is a procedure we know works. people get tried in criminal courts every day. the combatant laws we don't know that one can be successfully conducted. that's lost in a mar ras in guantanamo bay. this case will take a long time, be expensive and complicated but he's going to trial and there's going to be a verdict. we know that. >> jeff, thank you very much. fran, julia, as well. appreciate it. follow me on twitte twitter @andersoncooper. what do you think? should he be charged in a criminal court opposed to an enemy combatant? >>> and we will dig in to the case. the older suspect spent last year in parts of dagestan and chechnya. and the older suspect's widow. what we know about her and their relationship and more importantly what the fbi wants to know from her tonight. >>> later, my interview was remarkable woman. i hope you stick around for this. she a dance instructor whose body was
that's what president obama did and this fellow is an american citizen. it's far from clear that there's any law that would allow him to be tried as an enemy combatant. this is a procedure we know works. people get tried in criminal courts every day. the combatant laws we don't know that one can be successfully conducted. that's lost in a mar ras in guantanamo bay. this case will take a long time, be expensive and complicated but he's going to trial and there's going to be a verdict. we know...
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i strongly disagree with the obama administration's decision to rule out the combatant status for the suspect at this time. i believe such a decision is premature. it is impossible for us to gather the evidence in just a few days to determine whether or not this individual should be held for questioning under the law of war. the decision by the administration to try this individual in federal court is a sound decision. it is the right decision. aretary commission trials not available in cases like this. i wrote the 2009 military commission act. i have been a judge advocate for over 30 years, along with the help of many colleagues. we created a system for foreign terrorists. we purposely excluded american citizens. i have all the confidence in the world in article 3 courts at the federal level. they do a terrific job. i have confidence in our military commissions system. the decision by the administration not to proceed in state court in massachusetts i think was the correct decision. the death penalty will be available at the federal level. this is clearly in my view a candidate for a
i strongly disagree with the obama administration's decision to rule out the combatant status for the suspect at this time. i believe such a decision is premature. it is impossible for us to gather the evidence in just a few days to determine whether or not this individual should be held for questioning under the law of war. the decision by the administration to try this individual in federal court is a sound decision. it is the right decision. aretary commission trials not available in cases...
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president obama use ad drone to kill him in the wilds of yemen. if you, if you fill eight yourself with enemy forces and you go to war against american citizens and you kill americans will fully and you do so on behalf of a movement or enemy forces then indeed you can be considered an enemy combatant. being a enemy combatant simply because you're an american citizen. if in world war ii you went over and joined nazi forces were you not a enemy combatant? of course you were. . . >> he didn't treat those terrible tragedies as access war, but appropriately treated them as heinous criminal acts to be investigated, prosecuted, and appropriately punishes. >> host: al-alwaki was an american citizen, kimed on orders of president obama. did president obama violate the constitution by doing that? >> guest: well, actually, we have a lawsuit in which we are seeking to get answers from the administration about what legal standards they used and invoked. >> see the rest of this segment at c-span.org. live now to today's white house briefing. here's spokesman jay
president obama use ad drone to kill him in the wilds of yemen. if you, if you fill eight yourself with enemy forces and you go to war against american citizens and you kill americans will fully and you do so on behalf of a movement or enemy forces then indeed you can be considered an enemy combatant. being a enemy combatant simply because you're an american citizen. if in world war ii you went over and joined nazi forces were you not a enemy combatant? of course you were. . . >> he...
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the boston bombing suspect dzhokhar tsarnaev as an enemy combatant. he will face a civilian trial in criminal court. civilian complaint is revealing details from the carjacking to the shootout in police. listen to this from the documents released yesterday. the man point ad firearm at the victim, the person who was carjacked, did you hear about the boston explosion? and i did that. the man removed the magazine from his gun and showed the vipg tim it had a bullet in it and reinstated the magazine and stated, i am serious. new york city mayor, rudy giuliani helped lead the nation out of 9/11 terror attacks and we i will be remembered for that going forward and rely on you for your expertise how you break down these things. a lot of people bush for enemy combatant status. the white house doesn't want to go there. is that a wise decision on their part. >> i don't think so. martha: why? >> the white house is a in state of denial and has been that way since major hasan. this is created from the top, sense of political correctness that becomes very dangerous
the boston bombing suspect dzhokhar tsarnaev as an enemy combatant. he will face a civilian trial in criminal court. civilian complaint is revealing details from the carjacking to the shootout in police. listen to this from the documents released yesterday. the man point ad firearm at the victim, the person who was carjacked, did you hear about the boston explosion? and i did that. the man removed the magazine from his gun and showed the vipg tim it had a bullet in it and reinstated the...
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administration combats threats to american civilians and wages what it no longer calls the global war on terror. from the very beginning after september 11th, american policy in this area has been constructed through a series of often ad hoc decisions made during the intense moments following acts of violence against the united states. those decisions have then gone on to have tremendous ripple effects and unintended consequences. today as we find ourselves in one of those intense freighted and immense moments, the question of how the obama administration reacts is one we should all be paying attention to. and there is no journalist in america, in the world who has reported on what the war on terror actually looks like under the obama better than any next guest, jeremy scahill. his amazing chronicle of the obama war on terror, new book "dirty wars" publishes tomorrow. the film of the same name will be in theaterers in june. "dirty war" is probably the most comprehensive account to date of ma what america's battlefield looks like, a battlefield constructed with each new drone strike an
administration combats threats to american civilians and wages what it no longer calls the global war on terror. from the very beginning after september 11th, american policy in this area has been constructed through a series of often ad hoc decisions made during the intense moments following acts of violence against the united states. those decisions have then gone on to have tremendous ripple effects and unintended consequences. today as we find ourselves in one of those intense freighted and...
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. >> is the obama administration still convinced from the tsarnaev brothers acted alone? pat buchanan debates on that subject. and coming up next the sole surviving suspect in the marathon bombing will not be held as an enemy combatant. we will debate the legal aspects of this as "hannity" continues. (little girl) no! saw her first day of school. (little girl) bye bye! made a best friend forever. the back seat of my subaru is where she grew up. what? (announcer) designed for your most precious cargo. (girl) what? (announcer) the all-new subaru forester. (announcer) designed for your most precious cargo. love. it's what makes a subaru, a subaru. at tyco integrated security, we consider ourselves business optihow?rs. by building custom security solutions that integrate video, access control, fire and intrusion protection. all backed up with world-class monitoring centers, thousands of qualified technicians, and a personal passion to help protect your business. when your business is optimized like that, there's no stopping you. we are tyco integrated security. and we are sha
. >> is the obama administration still convinced from the tsarnaev brothers acted alone? pat buchanan debates on that subject. and coming up next the sole surviving suspect in the marathon bombing will not be held as an enemy combatant. we will debate the legal aspects of this as "hannity" continues. (little girl) no! saw her first day of school. (little girl) bye bye! made a best friend forever. the back seat of my subaru is where she grew up. what? (announcer) designed for...
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him and try him as an enemy combatant. you know what that's all about. for lindsey to get a headline but also to blame it on obama and point at obama say there he is. this guy is a democrat. he's too soft on terrorism, not doing enough on terrorism. clearly, he committed an act of terror. therefore, he's a foreign enemy combatant. no lindsey. you're wrong. i love the fact this decision was made so fast this decision -- the correct decision was made and basically people were saying who cares what that pipsqueak from south carolina says. we just don't pay any attention to him. none of us should pay any attention to him. it is the "full court press" on tuesday, april 23rd. your comments always welcome at 1-866-55-press. and on twitter at bpshow. >> announcer: chatting with you live at current.com/billpress this is the "bill press show." live on your radio and current tv. >> i'm a slutty bob hope. >> you are. >> the troops love me. (vo) tv and radio talk show host stephanie miller rounds out current's morning news block. >> yo
him and try him as an enemy combatant. you know what that's all about. for lindsey to get a headline but also to blame it on obama and point at obama say there he is. this guy is a democrat. he's too soft on terrorism, not doing enough on terrorism. clearly, he committed an act of terror. therefore, he's a foreign enemy combatant. no lindsey. you're wrong. i love the fact this decision was made so fast this decision -- the correct decision was made and basically people were saying who cares...
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. >> is the obama administration still convinced from the tsarnaev brothers acted alone? pat buchanan debates on that subject. and coming up next the sole surviving suspect in the marathon bombing will not be held as an enemy combatant. we will debate the legal aspects of this i'm just saying, why does the enterprise get all the good missions? [ bang, alarm blaring ] here we go. on-screen. i'm very sorry. i think i ran into you. it's space. you couldn't go around me? don't worry. i have esurance. their modern tools let me customize my policy. are you okay? 'cause you look a little banged up. you look pretty jacked up, man. yeah. that's my face. oh. [ male announcer ] see "star trek into darkness" in theatres may 17th. go to esurance's facebook page for a chance at free movie tickets. go to esurance's facebook page at tyco integrated security, we consider ourselves business optihow?rs. by building custom security solutions that integrate video, access control, fire and intrusion protection. all backed up with world-class monitoring centers, thousands of qualified technicia
. >> is the obama administration still convinced from the tsarnaev brothers acted alone? pat buchanan debates on that subject. and coming up next the sole surviving suspect in the marathon bombing will not be held as an enemy combatant. we will debate the legal aspects of this i'm just saying, why does the enterprise get all the good missions? [ bang, alarm blaring ] here we go. on-screen. i'm very sorry. i think i ran into you. it's space. you couldn't go around me? don't worry. i have...
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. >> i strongly disagree with the obama's administration decision to rule out enemy combatant suspect. >> reporter: labeling him as an enemy combatant would allow the government to question him without an attorney president and maybe get some of those answers. barbara starr, cnn, the pentagon. >> thanks, barbara. most of us can't even begin to imagine the incredibly tense moments that led up to the arrest of dzhokhar cztsarnaev. but that's what they are trained to do. the s.w.a.t team that took tsarnaev into custody describes the final moments to anderson cooper. let's listen. >> let's do it. let's do what we're trained to do. this is the suspect. we're trained to go in and apprehend him. you can see one hand is clear of any weapons each time he went the other way, his hand went down inside the boat out of our view. i know everybody here we've spoken about it. each time he did that, we had to assume he was reaching for either a weapon, a firearm or some explosive ignition device to kind of draw us in and take us out in a suicide type manner. he did that a couple of times as we're stil
. >> i strongly disagree with the obama's administration decision to rule out enemy combatant suspect. >> reporter: labeling him as an enemy combatant would allow the government to question him without an attorney president and maybe get some of those answers. barbara starr, cnn, the pentagon. >> thanks, barbara. most of us can't even begin to imagine the incredibly tense moments that led up to the arrest of dzhokhar cztsarnaev. but that's what they are trained to do. the...
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next, my take on president obama's decision to inflict maximum pain on a sequester cuts through airport delays. where the faa could have cut the that the president had let him. outrage tuesday rolls on after this. stuart: this is an understatement, netflix shares are up this morning. way up. more people signed up to pay for netflix after three months of "house of cards." people loved it. many people subscribe to netflix now, almost as much as hulu, hbo. iphone sales expected to be down. apple down this year, up only $1 now, below 400. look at coach. i always considered it a demographic luxury. sales are up better than expected, coach is assuming 11%. $5 stocks hitting all-time high. all of them are up. up 125. outrage tuesday rolls on in a moment. [ indistinct shouting ] [ male announcer ] time and sales data. split-second stats. [ indistinct shouting ♪ it's so close to the options floor... [ indistinct shouting, bell dinging ] ...you'll bust your brain box. ♪ all onhinkorswim from td ameritrade. ♪ ♪ the middle of this special moment and i need to run off to the bathroom. ♪ i'
next, my take on president obama's decision to inflict maximum pain on a sequester cuts through airport delays. where the faa could have cut the that the president had let him. outrage tuesday rolls on after this. stuart: this is an understatement, netflix shares are up this morning. way up. more people signed up to pay for netflix after three months of "house of cards." people loved it. many people subscribe to netflix now, almost as much as hulu, hbo. iphone sales expected to be...
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can an american citizen be considered and enemy combatant? absolutely. it goes back to the civil war war ii.orld killed t barack obama one in the wilds of yemen. if you affiliate yourself with and go to war against american citizens and willfully on behalf of a movement or an enemy then you can be considered an enemy combatant. if in world war ii you went to you are noti forces an enemy combatant? of course you are. host: hina shamsi. it is true u.s. citizens can take up arms against the united states and then they what is called understood belligerents.r the problem here that we are extending and s expanding the laws of war far beyond what is constitutionally permitted under the laws themselves. charles was exactly right. what the suspect is accused of terrorism. if we think of what timothy was done in --at mcveigh did or what was done in bombing, we ark idn't treat those tragedies as acts of war. we appropriately treated them as had to be ts that investigated, prosecuted and appropriately punished. we had an american citizen who was killed on the order
can an american citizen be considered and enemy combatant? absolutely. it goes back to the civil war war ii.orld killed t barack obama one in the wilds of yemen. if you affiliate yourself with and go to war against american citizens and willfully on behalf of a movement or an enemy then you can be considered an enemy combatant. if in world war ii you went to you are noti forces an enemy combatant? of course you are. host: hina shamsi. it is true u.s. citizens can take up arms against the united...
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enemy combat, because the bombing suspect is a u.s. citizen. >> a memorial service was held yesterday's four lingi lu another victim chris campbell was laid to rest earlier in the day. a moment of silence was held to rob the victims'. the boston mayor except the american flag that have flown at half staff of the marathon finish line. it was symbolic transition at the fbi had a busy boston corridor crime scene back over to the city. >> the invitees police officer and was killed lay to rest tomorrow. vice- president joe biden is expected to attend. meanwhile wilson street will be open to residents and business owners tomorrow. >> we will continue to bring you the latest updates on the suspect in the victim of the boston marathon. >> coming up at 815 we have legal analyst jim hammer into talk more about charges of the 19 year-old faces. >> iran is deny any link to the two suspects started plotting a terrorist attack against canadian passenger train. canadian authorities claim the suspect had directed guidance from al quaida members and ir
enemy combat, because the bombing suspect is a u.s. citizen. >> a memorial service was held yesterday's four lingi lu another victim chris campbell was laid to rest earlier in the day. a moment of silence was held to rob the victims'. the boston mayor except the american flag that have flown at half staff of the marathon finish line. it was symbolic transition at the fbi had a busy boston corridor crime scene back over to the city. >> the invitees police officer and was killed lay...